SB3383 93RD GENERAL ASSEMBLY

LRB093 22478 RLC 51960 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3383

Introduced 5/30/2004, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

New Act

Creates the Assault Weapons Ban Act. Provides that violations of the federal Assault Weapons Ban that were enacted as part of the federal Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) shall be violations of Illinois law if the federal ban expires on September 13, 2004. Provides that if the federal ban is extended, the Act is repealed on September 14, 2004. Effective September 13, 2004.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Assault Weapons Ban Act.

Section 5. Legislative intent. It is the intent of the General Assembly that the provisions of federal law contained in Title 18, Sections 921, 922, 923, 924, 925, 925A, and 929 of the United States Code, and originally enacted as the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) commonly referred to as the "Assault Weapons Ban", as those Sections existed on September 12, 2004, remain in force in the State of Illinois in the event that any portions of those Sections expire on September 13, 2004, without being re-enacted or otherwise extended.

Section 10. Operation and repeal. This Act is operative on September 13, 2004, if and only if the Congress and the President of the United States fail by law to extend the provisions of those Sections referred to in Section 5 of this Act. To the extent that the repeal of those provisions is deferred and those provisions remain in force on and after September 13, 2004, this Act shall not become operative. If this Act is not operative on September 14, 2004, this Act is repealed on September 14, 2004.

Section 15. Penalties.

(a) The provisions of Title 18, Sections 921, 922, 923, 924, 925, 925A, and 929 of the United States Code, as those Sections were in effect on September 12, 2004, are incorporated into this Act by reference.

(b) The following violations of federal law in effect on September 12, 2004 shall be violations of Illinois law and shall be punished as provided in this subsection (b):

(1) A violation of subsection (a)(1) or (f) of Section 924 of Title 18 of the United States Code is a Class 3 felony.

(2) A violation of subsection (a)(2), (b), (e), (g), (h), (i), (k), (l), (m), or (n) of Section 924 of Title 18 of the United States Code is a Class 2 felony for which the defendant may be sentenced to a term of imprisonment not to exceed 10 years.

(3) A violation of subsection (a)(3), (a)(4), (a)(5), or (a)(6) of Section 924 of Title 18 of the United States Code is a Class A misdemeanor. A term of imprisonment imposed for a violation of subsection (a)(4) of Section 924 of Title 18 of the United States Code shall not run concurrently with any other term of imprisonment.

(4) A violation of subsection (c) or (o) of Section 924 of Title 18 of the United States Code shall be charged and sentenced under Article 33A of the Criminal Code of 1961.

(5) Firearms or ammunition used in a manner described in subsection (d) of Section 924 of the United States Code may be seized and forfeited under Article 36 of the Criminal Code of 1961.

(6) A violation of subsection (j) of Section 924 of the United States Code that involves first degree murder, second degree murder, or involuntary manslaughter shall be charged and sentenced as provided for those offenses.

Section 99. Effective date. This Act takes effect September 13, 2004.